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2022 Supreme(Del) 699

SUBRAMONIUM PRASAD
IN THE MATTER OF: Francis Daniel Lee – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Mr. Shree Prakash Sinha, Advocate
For the Respondent:Mr. Amit Chadha, SI Suresh Kumar, Mr. Mohit Mathur Sr. Advocate with Mr. Sandeep D. Das, Mr. Sitesh Mukherjee, Mr. Shashwat Sarin, Mr.Harsh Gautam, Advocates

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. These applications have been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail in FIR No. 63/2020 dated 01.07.2020 registered at Police Station EOW under Sections 409/420/468/471/120-B of the Indian Penal Code, 1860 (hereinafter, “IPC”) and FIR No. 82/2020 dated 06.08.2020 registered at Police Station EOW under Sections 406/409/420/467/468/471/120-B IPC.

2. The facts, in brief, leading to BAIL APPLN. 2453/2021 are as follows:

    a) It is stated that Malvinder Mohan Singh and Shivinder Mohan Singh, promoters of Complainant Companies - Religare Enterprises Limited (REL) and Religare Finvest Limited (RFL), held an all-pervasive control over REL and its subsidiaries, and that they held this control until 14 February 2018 when they resigned as Non-Executive Chairman and Non-Executive Vice-Chairman of the Board of Directors of REL, respectively.

b) It is stated that a corporate fraud was discovered when the Board of Directors at REL was reconstituted after the decline of promoters’ shareholding in REL and the exit of Malvinder Mohan Singh and Sh

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